The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020

Power to enter a private dwelling

22.—(1) A constable may enter a private dwelling if—

(a) the constable reasonably suspects that—

(i) there is a contravention of regulation 20 or 21 going on there, and

(ii) it is necessary and proportionate to enter the dwelling for the purpose of preventing the continuation of the contravention, and

(b) a condition in paragraph (2) or (3) is met.

(2) Where the constable reasonably suspects that there is a contravention of regulation 20 going on at the private dwelling, the condition mentioned in paragraph (1)(b) is that either—

(a) the person who appears to be the occupier of the dwelling has consented, or

(b) the entry is effected under the authority of a warrant issued under paragraph (7).

(3) Where the constable reasonably suspects that there is a contravention of regulation 21 going on at the private dwelling, the condition mentioned in paragraph (1)(b) is that—

(a) the constable has requested any person reasonably suspected to be contravening regulation 21 to stop doing so, and

(b) the person has failed to comply with the request.

(4) The power of entry in this regulation—

(a) may be exercised at any time, and

(b) includes the power to use reasonable force.

(5) The constable must, if requested to do so, provide a document or any other thing showing the constable’s authority to exercise the power of entry in this regulation.

(6) Paragraph (7) applies where—

(a) a constable has been refused entry or reasonably anticipates being refused entry, or

(b) the occupier of the dwelling is temporarily absent and the constable considers the situation to be urgent.

(7) A sheriff or justice of the peace may by warrant authorise a constable to enter the private dwelling.

(8) A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.